Bell v Direct Design (North) Ltd & Anor [1995] UKEAT 327_95_3110 (31 October 1995)
No error of law identified in Tribunal's decision; factual findings regarding dismissal and transfer are not appealable unless legal misinterpretation is shown.
- Citation
- [1995] UKEAT 327_95_3110
- Parties
- Applicant/appellant: Mrs Bell; Respondent: Direct Design (North) Ltd; Respondent: Hamblewood Products Ltd; Representative/friend: Mr Holt
- Jurisdiction
- United Kingdom
- Judgment Date
- 31 October 1995
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Preliminary hearing adjourned for submission of affidavits.
- Legal Topics
- Unfair Dismissal, Redundancy, Transfer of Undertaking, Written Terms of Employment, Wages Act Deductions
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Bell
Applicant/appellant
Direct Design (North) Ltd
Respondent
Hamblewood Products Ltd
Respondent
Mr Holt
Representative/friend
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether dismissal was connected to transfer of undertaking
- 2 Whether Tribunal erred in not permitting cross-examination
- 3 Entitlement to compensation for unfair dismissal and redundancy
Ratio Decidendi
No error of law identified in Tribunal's decision; factual findings regarding dismissal and transfer are not appealable unless legal misinterpretation is shown.
Court Disposition
Preliminary hearing adjourned for submission of affidavits.
Orders
- Affidavits to be sworn by Mr Drake, Mr Holt, and Mrs Bell within two weeks regarding lunchtime conversation.
- Matter to be re-fixed for hearing after affidavits submitted.
Full Case Text
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